Sh. Amol Chand Varshney Sewa Sansthan, Hathras V. Addl.C.I.T., Range-1, Aligarh

ITA 246/AGR/2013

• Counselvise Citation: 24620314 RSA 2013
• Duration Of Justice: 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 12-08-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 11-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PRARTHANA JALAN C AS
• Section: 12; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NOS. 246 & 247/AGRA/ 2013 ASSESSMENT YEARS 2006-07 & 2007-08 SHRI AMOL CHAND VARSHNEY VS. ADDL. CIT, SEWA SANSTHAN, RANGE-1, NAYA GANJ, SIKANDRA RAO ALIGARH. HATHRAS. (PAN AABTA 3193 P) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI DEEPENDRA MOHAN & MISS PRARTHANA JALAN, C.AS. RESPONDENT BY : SHRI WASEEM ARSHAD, SR. D.R. DATE OF HEARING : 12.08.2013 DATE OF PRONOUNCEMENT : 14.08.2013 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER BOTH THE APPEALS BY THE ASSESSEE ARE DIRECTED AGAIN ST DIFFERENT ORDERS OF LD. CIT(A), GHAZIABAD, DATED 19.02.2013 FOR A.YS . 2006-07 AND 2007-08 CHALLENGING THE IMPOSITION OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT IN BOTH T HE ASSESSMENT YEARS, THE A.O. DENIED THE EXEMPTION TO THE ASSESSEE SOCIETY U NDER SECTIONS 11 & 12 OF THE I.T. ACT FOR VIOLATION OF PROVISION OF SECTION 13 OF THE ACT. THE INCOME ITA NOS.246 & 247 /AGRA/2013 A.YS. 2006-07 & 2007-08 2 WAS COMPUTED UNDER NORMAL PROVISION OF LAW BY WITHD RAWING THE EXEMPTION TO THE INCOME AND IN A.Y. 2006-07 ADDITION WAS MADE IN A SUM OF RS.71,69,500/-. SIMILARLY IN A.Y. 2007-08 THE A.O. WITHDREW EXEMPTION UNDER SECTIONS 11 AND 12 OF THE ACT FOR VIOLATION O F SECTION 13 AND ADDITION WAS MADE OF RS.48,74,000/-. THE A.O. ON THESE ADDIT IONS LEVIED THE PENALTY UNDER SECTION 271(1)(C) OF THE ACT. THE LD. CIT(A) CONFIRMED THE LEVY OF THE PENALTY. 3. LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUB MITTED THAT THE ASSESSEE PREFERRED APPEALS AGAINST THE QUANTUM ADDITION AND DENIAL OF EXEMPTION UNDER SECTIONS 11 & 12 OF THE ACT BEFORE I.T.A.T. A GRA BENCH IN A.YS. 2006-07 & 2007-08 IN ITA NOS. 198 & 199/AGRA/2011 A ND APPEALS OF THE ASSESSEE HAVE BEEN ALLOWED VIDE ORDER DATED 22.03.2 013. HE HAS ALSO SUBMITTED THAT SINCE QUANTUM ADDITION HAVE ALREADY BEEN DELETED BY THE TRIBUNAL, THEREFORE, THE PENALTY IS NOT LEVIABLE. C OPY OF THE ORDER OF THE TRIBUNAL IS PLACED ON RECORD. 4. LD. D.R. STATED THAT ISSUE IS NOW COVERED IN FAV OUR OF THE ASSESSEE. 5. ON CONSIDERATION OF FACTS OF THE CASE, IN THE LI GHT OF THE ORDER OF THE TRIBUNAL ON QUANTUM DATED 22.03.2013, WE ARE OF THE VIEW THAT PENALTY IS NOT LEVIABLE IN THE MATTER. THE ASSESSEE PREFERRED APPEAL ON QUANTUM BEFORE I.T.A.T. AGRA BENCH IN BOTH THE ASSESSMENT YEARS AN D VIDE ORDER DATED 22.03.2013 THE TRIBUNAL HELD THAT THE A.O. HAS WRON GLY WITHDRAWN ITA NOS.246 & 247 /AGRA/2013 A.YS. 2006-07 & 2007-08 3 EXEMPTION UNDER SECTIONS 11 AND 12 OF THE I.T. ACT. THE ORDERS OF THE AUTHORITIES BELOW WERE SET ASIDE AND QUASHED AND AL L ADDITIONS WERE DELETED. THE ASSESSEE WAS GRANTED BENEFIT UNDER SECTIONS 11 & 12 OF THE ACT. THEREFORE, ONCE ADDITION ON MERIT HAS BEEN DELETED BY THE TRIBUNAL, NO PENALTY IS LEVIABLE IN SAME MATTER IN ISSUE. 6. IN THE RESULT, THE ORDERS OF THE AUTHORITIES BEL OW ARE SET ASIDE AND PENALTY IS CANCELLED IN BOTH THE ASSESSMENT YEARS. 7. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT.) SD/- SD/- (A.L. GEHLOT) (BHAV NESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER AMIT/ COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL, AGRA TRUE COPY